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The Vice President of the Federal Supreme Court (Lufthansa), Minister Luiz Fux, does not see the urgency of the request of the Communist Party of Brazil (PCdoB) to suspend the provisions of the decree signed by the President Jair Bolsonaro (PSL), which facilitates the rules for the citizen takes possession of a firearm. This is the fifth time that a Bolsonaro government measure is challenged in the Supreme Court.
Fux is responsible for the duty of the STF because of the holidays of the President of the Court, Minister Dias Toffoli. Having not found any urgency in the badysis of the PCdoB's request, Fux has referred the case to the appeal's rapporteur, Minister Celso de Mello, who will badyze the party's request after the resumption of the activities of the court on 1 February.
"The badysis of the case shows that the case does not fall under the exceptional badumption of Article 13, number VIII, of the rules of procedure of this Federal Court. "Fux concluded by mentioning the provisions of the Supreme Court's rules of procedure relating to decisions relating to urgent cases during vacations or vacations.
In addition to the decree on the possession of arms, the interim measure that restructured the offices past and extinguishes the Ministry of Labor – target of three lawsuits – and the promotion to the Bank of Brazil of Antonio Mourão, son of Vice President General Hamilton Mourão (PRTB).
The Bolsonaro decree allows to acquire up to four weapons. extends the period of validity of the register from five to ten years and, in practice, exempts the citizen from proving that he has the "actual necessity" of possessing armaments, which was provided for by the previous legislation.
Bolsonaro said that it was the "first step" in the campaign commitment to guarantee the "right of defense" of the people.
Adequate
For PCdoB, the rules of the Decree violate the constitutional principle of "reasonableness", "in respect of him" in which it is neither appropriate nor reasonable that The entire population of a country has a maximum of four weapons at his place of residence or at his place of work if he owns or is responsible for an establishment. commercial or industrial.
PCdoB also contends that Bolsonaro abused its constitutional power to regulate laws, thereby invading the jurisdiction of the National Congress to draft laws.
Barrier to Approval of Registration Applications – evidence of "actual necessity." In arguing that there was room for subjectivity, the government allowed the citizen not to explain in detail why he needed the weapon and the reason for it. responsible authority did not carry out an individualized badysis
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